1997-244671
Recording Requested By:
San Dieguito Water District
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865
D~ " 1997-0244671
27-MAY-1997 03:59 PM
OFFICIAL RECORDS
SAM DIEGO COUHTY RECORDER'S OFFICE
GREGORY snITH. COUHTY RECORDER
RF' 16.00 FEES' 41.00
Af. 23.00
1If. 1.00
CF. 1.00
When Recorded Mail to:
San Dieguito Water District
P.O. Box 231010
Encinitas. CA 92023-1010
SPACE ABOVE FOR RECORDER'S USE
AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES
AGREEMENT NO. A-0017
Assessor's Parcel
Nos. 261-010-10. 261-200-01
THIS AGREEMENT is made and entered into this 8thday of May
1997, by and between San Dieguito Water District, hereinafter
called District, and Soui.:.hland Cardiff Associates, LLC
4365 Executive Drive, Suite 600
San Dieqo CA
92121
(Owner's Name and Address)
hereinafter called Owner.
A. In the near future, Owner desires to install a water main
or mains and appurtenances to service his property.
B. District will own and operate such facilities, if
constructed in the manner set forth herein.
C. The parties desire, by this Agreement, to provide for the
construction and completion of such facilities.
NOW THEREFORE, it is agreed:
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and
complete, and within 730 days from the date of this Agreement by
District, to perform and complete in a good workmanlike manner,
according to the plans attached hereto and made a part of this
Agreement, and in accordance with other special conditions noted
in District Exhibit "BU on file at the office of District an any
other plans or specifications referred to in this Agreement, the
following subdivision improvements; water facilities as shown on
866
the attached plans and in accordance with District's standard
specifications and any other plans or specifications referred to
by this Agreement or referred to in the attachments. (Exhibit
"Au; Exhibit IIBn; Improvement Security; Set aside Letter; and
Certificate of Insurance, etc.)
2. Owner agrees that the work shall be done by a Class
11 All or "C-3411 licensed contractor, and that the work shall be
subject to inspection by and to the satisfaction of District and
the improvement shall not be deemed comPlete until approved and
accepted in writing by the District. The estimated cost of said
water facilities in the sum of One hundred fifty-one thousand
three hundred ten dollars (S151.310) Owner's obligation under
this Agreement extends to the completion of improvements, as
hereinabove set forth, and is not limited by the amount of the
cost estimate. Owner further agrees that the cost estimate is
an estimate only, not intended to constitute liquidated damages
or a limitation on the obligations of Owner. District shall be
allowed to inspect the facilities during all stages of
construction. District shall be notified a minimum, of 48 hours
prior to the commencement of construction. After completion of
the facilities in accordance with the approved plans and
specifications, and not less than 35 days after the filing of a
"Notice of. Completion" by District: the facilities shall be
considered as donated to District and shall be owned and
operated by District, if accepted by District. District will
not file a Notice of Completion unless they are free of
mechanicrs liens. Owner shall furnish to District satisfactory
proof (ordinarily in the form of a title company report) that no
liens were filed against the project prior to the expiration of
the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be installed
by Owner within 30 days after such acceptance by District.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the
water facilities are located at all instances where the
facilities are not located in a dedicated street. Owner shall
have his Engineer provide District with a legal description and
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867
an 8 1/2 n x 11" plat of easements.
reproducible transparency with District's
fully locate and describe the easement.
The plat shall
title block and
be a
shall
5. Owner shall pay to District upon execution of this
Agreement and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit "BlI for
engineering, construction inspection, right-af-way expenses,
materials furnished and for other District work and special
charges.
6. Owner shall, at Owner's expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees and
taxes required by law.
7. The water facilities constructed by Owner shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are
constructed in private streets, the streets shall be curbed
and/or constructed such that no damage to paving, structures or
landscaping will result from full flow fire hydrant testing or
from failure of District r s water facilities. The developer
and/or contractor shall submit a shutdown request to the San
Dieguito Water District at least seven (7) calendar days in
advance of a shutdown. A detailed written procedure including a
list of personnel, name of supervisors and equipment to be used
shall also be submitted to the San Dieguito Water District. The
procedure, including personnel, supervisors and equipment, must
be approved by the San Dieguito Water District prior to
scheduling the shutdown. The District can cancel any previously
approved shutdown due to the weather and/or system operation
considerations. Filing of a Notice of Completion shall not be
accomplished until the following requirements have been complied
with:
a.) All work has been completed in accordance with the
plans and specifications, all gate wells have been set
flush with the street surface, and meter boxes set to
finish grade;
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868
b.) A set of original plans (Mylar prints), corrected to
conform with the work as constructed, has been submitted
to the District.
8. The water facilities shall be operated by District in
accordance with the rules and regulations of the District.
Meter costs are not included in the estimated cost of water
facilities and shall be paid by Owner, in accordance with
District's rate schedule, as it from time-to-time exists. Water
for construction purposes will be provided in accordance with
District's Rates and Rules and Standard Practices.
9. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement prior to the completion and
acceptance of the same, nor shall District, nor any officer or
employee of District, be liable for any persons or property
injured by reason of said work or improvements, but all of said
liabilities shall be assumed by Owner, who agrees to indemnify
and save harmless District and the officers and employees of
District from and against any and all claims, demands, losses,
costs, and causes of action of any nature, and any expense
incident to defense thereof (including attorney's fees), for
injury to or death of persons or damage to property arising out
of the construction of the water facilities. Owner further
agrees to protect District and the officers and employees of
District from all liability or claims because of, or arising out
of, the use of any patent or patented article in the
construction of said improvements. The Owner shall cause the
contractor to file with the District "Certificates of Insurance"
indicating that the following coverage is in effect:
a. ) An original certificate of insurance naming the San
Dieguito Water District as certificate holder and
additionally insured with a minimum public liability limit
of $1,000,000 for each occurrence and aggregate for
combined bodily injury and property damage.
10. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
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869
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
11. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or
other security as approved by the District in the amount of 100%
of the estimated costs of improvements, to assure faithful
performance of this Agreement in regards to said improvements.
12. District may make changes, alterations or additions
to the improvement plans and specifications, not-to-exceed 10%
of the original estimated costs of the improvements. Owner
shall provide additional security in a form satisfactory to the
District, in an amount equal to 100% of the total estimated cost
of the improvements, as changed, altered or amendedi this amount
may be adjusted by the amount of work completed and any partial
releases already made. All such changes, alterations, or
additions shall not relieve the Owner of his improvement
security given for the faithful performance of this Agreement.
13 . In the event it is deemed necessary to extend the
time of completion of the work contemplated to be done under
this Agreement, said extension may be granted by District and
shall in no way affect the validity of this Agreement or release
the improvement security given for the faithful performance of
this Agreement.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of
Completion by District, and shall repair or replace any and all
such work, together with any other work which may be displaced
in so doing, that may prove defective in workmanship and/or
materials within a one-year period from date of filing of a
Notice of Completion by District without expense whatsoever to
District, ordinary wear and tear, unusual abuse or neglect
excepted. District will give notice of observed defects with
reasonable promptness.
Owner shall notify District upon completion of
repairs. In the event of an emergency, District may make the
repairs and Owner shall be liable for expenses incurred. In the
event Owner fails to comply with District's request for
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870
correction within one week after being notified in writing by
District, District is hereby authorized to proceed to have the
defects repaired and make good at the expense of Owner f who
hereby agrees to pay the cost and charges therefore, immediately
upon demand. In the event District elects to repair the
defective work, such action by District will not relieve Owner
of the guarantees provided in this paragraph.
15. Owner shall furnish to District good and sufficient
security, in the form of cash deposit, letter of credit or other
security as approved by the District, in the amount of 25% of
the estimated total cost of the improvements, to secure Owner's
guarantee and warranty for a period of one year following the
acceptance by District against any defective design work or
labor done or defective materials furnished.
16. The plans provided for in this contract conform to
the current standards of the San Dieguito Water District. The
developer will be required to conform to the standards
applicable on the date upon which construction is commenced on
the development if construction is not commenced within six
months of the date of the execution hereof by the San Dieguito
Water District.
17. The water meter fees including installation and
capacity, are established from time-to-time by the Board of
Directors of San Dieguito Water District and San Diego County
Water Authority. The developer will be required to conform to
the installation and capacity fees, which are applicable on date
of payment. Construction will not be allowed to commence until
all water fees have been received.
18. Owner agrees to install water facilities as called
for on signed improvement plans.
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871
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day first above written.
SAN DIEGUITO W~TER DISTRICT
-----/ .
{/'fI'- /a;? C~
Lauren M. Wasserman
District Manager
OWNER/DEVELOPER
SOUTHLAND CARDIFF ASSOCIATES, LLC
By, C~RDIFF
11anag r
Ure retowicz, ManageL
7
CALIFORNIA ALL-PURPOlSE ACKNOWLEDGMENT
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g '\/~ersonally known to me - OR - _ proved to me on the basis of satisfactory evidence to be the person(s) ~
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~ .::fr / D 0 Signature of Notary PubliC g
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X OPTIONAL "
X Though the informalion below is not required by law, it may prove valuable to persons relying on the document and could prevent g
~ fraudulent removal and reattachment of this form to another document. ~
~ Description of Attached Document ~
g Title or Type 01 Documenf: Ajrurnen-c- -Iv )/'rLp7J/J..Gf)t.v.eltJ~+- g
i Documenf Date, 5 ~ 'iJ -17 ~. Number ot Pages, 7 I
I Signer(s) Of her Than Named Above, LaAA.Itn Wt; 5~rman I
~ Capacity(ies) Claimed by Signer(s) ~..
~ Signer's Name, (J-rt R-/vt1VWI.iZ- Signer's Name, ~
~ Individual Individual g
~ Corporate Officer Corporate Officer ~,..
o Title(s): Title(s): 3
~ Partner - _ Limited _ General Partner - :-::: Limited _ General ~
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<1995 National Notary AssQC;alion 08238 RemmetAv.., P.Q. Box7184' CanogaPark.CA91309-7184
Prod. Nc. 500?
ReoroerCaIlToll.Fre€1.800-876-682?
EXHIBIT DBD
873
Project Name:Seaside TM 89-180
Date:May 7. 1997
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
Agreement to Improve Development Water Facilities.
3. No facilities will be installed prior to the acceptance by
the District of: (a.) Good and Sufficient Security (b.)
Certificate of Insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in
Paragraphs 1 through 4, with the exception of fees and
deposits designated by the asterisk (*) which are required
prior to installation/construction.
5. Developer to provide for compaction testing per
requirements of San Dieguito Water District.
6. Developer to provide for construction staking and surveying
for the proposed water facilities.
7. Owner to install the water facilities.
8. INSTALLATIONS,
a. ) 811 PVC Water Main 1. 474 If $73.700.00
b. I 4" PVC Water Main 115 If $ 3.105.00
c. I 12" Gate Valve 2 ea $ 7.000.00
d. I 8" Gate Valve 8 ea $13.600.00
e. I 2" Water Service 1 ea $ 1.100.00
f. I 3/4" -I" Water Service 44 ea $26.400.00
g.) Fire aydrant 3 ea $ 9.000.00
h.) 2'/ Blow-off 3 ea $ 2.250.00
i.) 1" MAR 2 ea $ 1.400.00
j.1 Contingency (15%) $13.755.00
Total Estimate: $ 151.310.00
9.
IMPROVEMENT SECURITY:
a.) Improvement of Security, 100%
$ 151. 310.00
10. MISCELLANEOUS COSTS,
$ -0-
11.
874
CAPACITY CREDIT, (OFFSETS
Account Number
NEW CAPACITY FEES ONLY)
~ SDCWA
a. )
b.)
c. )
d.)
Total Capacity
12.
$
$
$
$
$<
$
$
$
$
-0- > $< -0- >
Credit
ivc t-
3)/ r:r?
>.' Installation Capacity {/, 1 ,0;--r"-"
II.D-"~' .
'-J.'r- )l)CC Cl- , .
44e'av$ $ _"0' s' jA-' =:-
---~ 11.000.00 88.000.00 !-J..". fjR. /4
lea $ 520.00 $ ~.400.00\1;:'_;,. ~-: rl ,,' I
$ $ ~ f c' ".1.
" ~ I:':
$ $ " , ,.'\,,\1\, . lie'
, .. \ ,~-' /.
$ $ .,~01"iclni- - /W'
(Refer to No. 11 $< 8'-b- >
Totals $ 11.520.00 $ 98.400.00
Total Meter Fees: $109.920.00
Credit:
SDWO METER FEES,
a. )
b.)
c. )
d.)
e. )
Capacity
13 .
3/411-1" Meter
2" Meter
SDCWA CAPACITY FEES,
a. )
b.)
c. )
d.)
e. )
Capacity
3/4"-1" Meter
2" Meter
Capacity
[~C, ~ILJ 0 --
$C6.704.00
~
(" ..::J
$ .'1 ~a:3.0() )0'''1...-
$
$
$
No. 11) $< -0- >'11'1':;-
Total Capacity Fees: ~87.00
44ea
lea
- '
~ IS'"
Credit (Refer to
14. CAPACITY FEE, (FIRE)
a. ) $
b.) $
Total Capacity Fee: $ -0-
15. INSPECTION: (ESTIMATE DEPOSIT) $ 4.280.00
16. CONSERVATION OFFSET, (ESTIMATE DEPOSIT)
Gallons per Day x $ 5.08
Total Conservation Offset Deposit: $ N/A .
17. DEPOSITS & FEES,
Engineering Fees
SDwn Meter Fees
SDCWA Capacity Fees
Fire Capacity Fees
Inspection Deposit
Conservation Offset Deposit
$ -0-
$109,920.00
$ ~.OG Tl, 'l?~
$ -0-
$ 4.280.00
$ -0-
875
10\-;' \ '/,-;A-
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $lnn ~B7.~
18. The above figures for Meter Installation and Capacity Fees
are those in existence at time of entering into this
"Agreement.n The actual fees that will be required are those
meter fees that have been established at time of payment
(Refer to Item #17 of Agreement to Improve Development
Water Facilities) .
19. The above figures for deposits are estimates only and may
vary accordingly. Upon completion of installation, cost will
be computed and billing or refund will be issued to your
firm.
20. In the event the 90-day period elapses from date of Exhibit
nBn, the above estimated deposits and fees must be revised
and are subject to the condition of agreement with San
Dieguito Water District.
21. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish consumer
ball valves as part of Item 11.
22. Easements, in the form used by the District, for the new
water facilities will be executed by the developer and be
recorded prior to the water facility installation/
construction and filing of the subdivision map.
~UITO WATER DISTRICT
~~
Lauren M. Wasserman
District Manager
ACCEPTANCE
876
OWNER/DEVELOPER
SOUTHLAND CARDIFF ASSOCIATES, LLC
By:
Ure
RECORDING REOUESTED BY ~
)
When Recorded Mail To: )
)
)
)
)
)
863
~ " 1997-0244670
27-MAY-1997 03=59 PM
OFFICIAL RECORDS
SAN DIEGO CfIIITY RECORDER'S OFFICE
GREGORY 5nm, COO RECORDER
Rf: 6.00 fEES: 11.00
Af: 3.00
!If: 1.00
Cf' 1.00
District Clerk
San Dieguito Water District
505 So. Vulcan Ave.
Encinitas. CA 92024
RELEASE OF AGREEMENT TO IMPROVE DEVELOPMENT - WATER F ACILlTIES
Daniel T. Shelley. having entered into an agreement for the benefit of the San Dieguito Water District
("DISTRICT" hereinafter) which was recorded with the County Recorder of the County of San Diego as
Document No. 1994-0046096. on January 21. 1994, and DISTRICT having entered into a new agreement
with the current property owner, Cardiff 44 LLC, DISTRICT hereby releases said agreement.
Dated: S""'7
g:\agree\shllyrel.doc
5/9/97
864
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
)
)
)
ss.
County of San Diego
On May 9, 1997, before me, Patricia Drew, Notary Public, appeared
Lauren M. Wasserman, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that
by his signature on the instrument, or the entity upon behalf of which
the person acted, executed the instrument
WITNESS my hand and official seal
1111 , 111111'''11'' 11111 11".
: ~ "3tricia Drew i
;~~. "'~ C:OMM..* 995730 n
(;] -. NOT.i.$lY PV8UC.CAuFO......IA ~
:.. , S"'NOIEGO COUNn' ...
t ..~. MYComm_Exp,May29,19fJl!
,,,,,, "'" '"LII"llIlI 'Ill
~l+~
Patricia Drew, Notary Public
My Commission Expires May 29, 1997
SEAL
pd\misc\ack.L W
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.
Recording requested by: )
)
)
)
When Recorded Mail To: )
)
District Clerk )
San Dieguito Water District )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
)
-rHE ORIGIHAl OF THIS OOCUMEHT
WAS RECORDED OH 14-MAY-I994,
DOCUMEHT HUMBER 1994-0341817.
GREGORY SMITH, COUHTY RECORDER
SAH DIEGO COUHTY RECORDER'S OFFICE
"
SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
Assessor's Parcel
No. 261-010-10 and 261-200-01
Project No.: 1'M R9-1 RO
W. O. No.: 3259 FM
A. DANTF.T 1'. SHFT TFV
("SUBDIVIDER" hereinafter) is the owner of real property which is
commonly
known
as
89-180 TM.
(lIpROPERTYII
hereinafter) and which is described as follows:
See Exhibit A which is attached hereto and
made a part hereof.
B. The tentative subdivision of the PROPERTY was approved
with the final approval subject to certain conditions requiring the
construction of improvements by SUBDIVIDER. SUBDIVIDER has applied
for, final approval of the subdivision but has not constructed the
required improvements. In consideration of the final approval of
the improvement plans for the required improvements by the San
Dieguito Water District ("DISTRICT" hereinafter), SUBDIVIDER hereby
RM/03/COV4-426wpS1 1(12/06/93-2)
10e15a 1 JAN 90
ATTACHMENT A TO
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT N04
TM 89-180
PROPERTY DESCRIPTION
THAT PORTION OF THE WEST ONE HALF OF SECTION 26, TOWNSHIP'13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE JULY 18, 1881.
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 26; THENCE ALONG
THE WEST LINE THEREOF N 0' 06' 00" E 100.02 FEET; THENCE LEAVING
SAID WEST LINE N 79' 51' 48" E 499.73 FEET TO THE WESTERLY RIGHT
OF WAY OF INTERSTATE 5 PER CALIFORNIA DEPARTMENT OF TRP.NSPORTATION
HAP NUMBER LO 3728; THENCE ALONG SAID RIGHT OF \;AY S 28' 53' 53" E
228.51 FEET; THENCE S 88' 51' 03" E 151.27 FEET; THENCE LEAVING
SAID RIGHT OF HAY S 19' 42' 51" E 679.57 FEET; THENCE S 78' 54'
09" HEST 277.15 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY
OF MANCHESTER AVENUE PER COUNTY OF SAN DIEGO ROAD SURVEY 1469, SAID
POINT BEING ON THE ARC OF A NON-TANGENT 790.00'FEET RADIUS CURVE
CONCAVE SOUTHHESTERLY, A RADIAL LINE TO SAID POINT BEARS N 56' 59'
29" E; THENCE NORTHWESTERLY AWNG THE ARC OF SAID CURVE 387.21 FEET
THROUGH A CENTRAL ANGLE OF 28' 04'58"; THENCE LEAVING SAID RIGHT OF
WAY NON-TANGENT TO SAID CURVE N 39' 55'11" H 212.24 FEET; THENCE
N 87' 55' 11" W 100.00 FEET; THENCE S 68' 04'49" 1; 183.05 FEET TO
A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID MANCHESTER AVENUE,
SAID POINT BEING ON THE ARC OF A NON-TANGENT 790.00 FEET RADIUS
CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEA.~S N l' 44'
41" H; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 25.02 FEET
THROUGH A CENTRl\L ANGLE OF l' 48' 52" TO A POINT ON THE WESTERLY
LINE OF SAID SECTION 26; THENCE ALONG SAID LINE NO' 04' 49" E
350.10 FEET TO THE POINT OF BEGINNING.
--._-~--
RM/03/COV4-426wp51 4(12/06/93-2)
lOelSa 1 JAR 90
ACCEPTED AND AGREED.
Dated
Dated
1- '1- ~'-f
~;~4r-
DANIEL T. SHELLEY
(Notariza~ion of SUBDIVIDER signature is attached.)
Dated ;;l-f 1-'1'+
SAN DIEGUITO WATER DISTRICT
by
2s:zJ?~
<.
(Notarization not required)
RM/03/COV4-426wp51 3(12/06/93-2)
lOelSa 1 JAN 90
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No_S907
State of CAJ-i Po ~";/P<
County of SItIV' PI'E~D
On FeE. ;r /19'-( before me, ; JanIce.... K. ,)W~ItSOJ1.NOTItRy,
~TE NAME, TITLE OF OFFICEA _ E.G., "JMlE DOE. NOTARY ~
personally appeared DItN'-FL T. SH~LLEy
NAME(S) OFfIGNEA(S)
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
omClALSEAL
JAIIIC!I.SWEllSON
NOTAAYI'I.8lJC-CAlflllrM
..."""""""
Itic-.ExPhsMoill'6.1!l'U
WITNESS my hand and official seal.
ra~h\-
/ SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may proye valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
@ INOIVIOUAl
o CORPORATE OFFICER
o PAATNEA(S)
o L1MITEO
o GENERAL
DESCRIPTION OF ATTACHED DOCUMENT
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TITLE(S)
D",ATTORNEY-1N-FACT
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o GUARDIAN/CONSERVATOR
o OTHER
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NUMBER OF PAGES
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DATE F DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTTTY(IE5)
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SIGNEA(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION- 8236 RemmetAve., P.O. Box 7184_ Canoga Pan.:, CA 91309-7184
ATTACHMENT B TO
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO.
TM. 89-180
SUBDIVIDER'S DUTIES AND OBLIGATIONS
Name of SUBDIVIDER:
DANIEL T. SHELL~Y
Tract or Parcel Map Number: TM. 89-180
Name of S~bdivision:
TM. 89-180
Resolution of Approval Number: PC. 90-16 Adopted: 3/27/90
Estimated total cost of improvements:
$ 103,145.00
1.0 IMPROVEMENTS REQUIRED
1.1 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to
furnish all the labor 1 equipment and materials to perform and
complete, in accordance with the plans and specifications and to
the satisfaction and approval of the District Engineer, all of the
improvements referred to below:
Improvement plans for 3259 I
, sheets ----L- through
---2-, dated 9-29-92
approved on 2/11/94
and prepared by PASCO F.NGTNF.F.RTN~ I as
by the District Engineer together with any
sUb~equent amendments approved in writing by the District. Engineer;
on file with DISTRICT in the District Office and incorporated
herein as though fully set forth at length.
1.2 Further, SUBDIVIDER agrees to perform the following
conditions:
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RESOLUTION CONDI__ONS:
WATER DISTRICT CONDITION
FINE GRADING PLANS FOR ACTUAL BUILDING CONSTRUCTION FOR LOTS 16
THROUGH 26 INCr,USIVE ARE TO BE APPROVED BY THE SAN DIEGUITO WATER
DISTRICT. THIS CONDITION WILL LET THE DISTRICT BE SURE THAT IF
SUB-TERRANEAN STRUCTURES ARE BUILT DOWNBILL FROM THE 30 INCH WATER
LINE AT THE NORTHEAST CORNER OF THE SITE, THAT WILL BACKFILL AND
DRAINAGE SYSTEMS AS PRESENTED IN THE GEOTECHNICAL REPORT DATED
JANUARY 4, 1993 AND APRIL 9, 1993 ARE GOING TO BE APPROPRIATELY
INCORPORATED INTO THE DESIGN AS PART OF THE BUILDING PERMIT
PROCESS.
2.0 PROGRESS OF WORK
2.1 Time is of the essence with this Covenant. SUBDIVIDER
shall commence substantial construction of the improvements
required by this Covenant not later than May 11, 1996
and shall complete the improvements no later than February 11, 1897
In the event good cause exists, as determined by the District
Engineer, the time for commencement of construction or completion
of the improvements hereunder may be extended. Any such extension
may be granted without notice to SUBDIVIDER's Surety or Sureties,
if any, and shall in no way affect the validity of this Covenant or
release the Surety or Sureties on any security given for the
faithful performance of this Covenant. The District Engineer shall
be the sole and final judge as to whether or not good cause has
been shown to entitle SUBDIVIDER to an extension. As a condition
of such extensions, the District Engineer may require SUBDIVIDER to
furnish new security guaranteeing performance of this Covenant, as
ex~ended, in an increased amount as necessary to compensate for any
increase in construction costs as determined by the District
Engineer.
2.2 If any of the public improvements are to be constructed
or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to the acquisition and
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10elSa 1 JAN 90
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acceptance by DISTRICT of appropriate property interests.
SUBDIVIDER sha~l pay the actual costs of acquisi ticn of such
property interests.
2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction of the
improvements and give all necessary notices and pay all fees and
taxes required by law.
2.4 SUBDIVIDER shall notify the District Engineer in writing
at least 15 days prior to the commencement of work hereunder. No
construction work shall begin until authorized by DISTRICT.
2.5 SUBDIVIDER shall not be entitled to obtain occupancy
permits for the buildings constructed on any lot created by the
subdivision until all required improvements have been provided to
the satisfaction of the District Engineer.
2.6 SUBDIVIDER shall at all times maintain safe construction
facilities, and provide safe access, for inspection by DISTRICT, to
all parts of the work and to the shops wherein the work is in
preparation.
2.7 SUBDIVIDER shall give good and adequate warning to the
public to each and every existing danger relating to the
construction of the improvements, and shall protect the public from
such dangers.
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3.0 INSPECTION/ACCEPTANCE OF IMPROVEMENTS
3.1 The District Engineer or his duly authorized
representative, upon request of SUBDIVIDER, shall inspect, a~
SUBDIVIDER's expense, the improvements herein agreed to be
constructed and installed by SUBDIVIDER. If determined to be in
accordance with applicable DISTRICT standards and the other terms
of this Covenant, the District Engineer shall approve the
improveme~ts
improvements
and recommend the acceptance of the public
by DISTRICT through resolution of the Board of
Directors of the San Dieguito Water District.
3.2 The SUBDIVIDER agrees to pay for each inspection of the
improvements required by the District Engineer.
3.3 Approval of the improvements and acceptance of the public
improvements by DISTRICT, shall not constitute a waiver by DISTRICT
of any defects in the improvements.
3.4 Until such time as the improvements required by this
Covenant are fully completed by SUBDIVIDER, approved by the
District Engineer and the public improvements are accepted by
DISTRICT, SUBDIVIDER will be responsible for the care, maintenance,
repair and replacement of such public improvements.
4.0 GUARANTEE/WARRANTY
4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the
pUblic improvements constructed pursuant to this Covenant for a
period of one year after final acceptance of said work to include
design, work, labor and materials furnished. If within the one
year period, any public improvement or part of any public
improvement furnished, installed or constructed, or caused to be
furnished, installed or constructed by SUBDIVIDER, fails to fulfill
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any of the requirements of this Covenant or otherwise fails to
function to the satisfaction of the DISTRICT, SUBDIVIDER shall
without delay and without any cost to DISTRICT, repair, replace or
reconstruct any failing part or parts of the public improvement.
4.2 TEN YEARS. For ten years following the acceptance by
DISTRICT of the public improvements, SUBDIVIDER shall remain
obligated to cure all identified defects in the design,
construct~on, materials of the public improvements.
5.0 SECURITY
5.1 FOR CONSTRUCTION OF IMPROVEMENTS
A. Prior to the sale or transfer of all or any portion
of this Subdivision, or prior to the issuance of any development
permits for this Subdivision, SUBDIVIDER shall furnish to DISTRICT
good and sufficient security in the form of a cash deposit, letter
of credit, or other security as approved by the District Engineer
in the amount of 150% of the then-current estimate of the
construction costs of the improvements to assure faithful
performance of this Covenant.
B. In the event that changes, alterations or additions
to the improvement plans and specifications or to the improvements
add 10% or more to the original estimated costs of the
improvements, SUBDIVIDER shall provide additional security in a
form satisfactory to DISTRICT in an amount equal to 100% of.the
total estimated increase in the construction cost of the
improvements. The amount of the additional security may be adjusted
by the amount of work completed and any prior, partial releases of
security.
5.2 FOR ONE YEAR GUARANTEE/WARRANTY.
RM/03/COV4-426wp51 9(12/06/93-2)
SUBDIVIDER shall
lOe15a 1 JAR 90
....
furnish to DISTRICT good and sufficient security, in the form of a
cash deposit, letter of credit or other security as approved by the
city Engineer, in the amount of 25% of the estimated total cost of-
the public improvements, to secure SUBDIVIDER's guarantee and
warranty specified herein for a period of one year following the
acceptance by DISTRICT of the public improvements.
6.0 CURING OF DEFAULTS
6.1 In the event that SUBDIVIDER fails to perform any duty
or obligation imposed by this Covenant, SUBDIVIDER hereby
authorizes DISTRICT, at DISTRICT's option, to perform such duty or
Obligation twenty (20) days after DISTRICT mails written notice of
default to SUBDIVIDER and SUBDIVIDER fails to cure such default.
SUBDIVIDER agrees to pay the actual costs of such performance by
DISTRICT. The security posted by SUBDIVIDER pursuant to this
Covenant may be used by DISTRICT for the completion of such
performance, but shall not limit SUBDIVIDER's liability.
6.2 In the event of SUBDIVIDER'S uncured default, DISTRICT
may take over the work and prosecute the same to completion, by
contract or by any other method DISTRICT may deem advisable, for
the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be
liable to DISTRICT for the actual costs or damages occasioned
DISTRICT thereby. Without liability for so doing, DISTRICT may
take possession of the construction site and the work. In
completing the work, DISTRICT may utilize such materials,
appliances, plants and other property belonging to SUBDIVIDER as
may be on the site of the work and necessary therefore.
6.3 Should the exigencies of the case require repairs,
replacements, or work to be done before SUBDIVIDER can be notified
RM/03/COV4-426wp51 10(12/06/93-2)
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and given 20 days to perform, DISTRICT may, at DISTRICT's option
and without liability, make the necessary repairs or replacements
or perform the necessary work and SUBDIVIDER shall pay to DISTRICT
the actual costs of so doing.
7.0 HOLD HARMLESS
7.1 SUBDIVIDER agrees to indemnify and hold DISTRICT and
DISTRICT's officers, officials, employees and "agents harmless from,
and again~t any and all liabilities, claims, demands, causes of
action, losses, damages and costs, including all costs of defense
thereof, arising out of, or in any manner connected directly or
indirectly with, any acts or omissions of SUBDIVIDER or
SUBDIVIDER's agents, employees, subcontractors, officials, officers
or representatives. Upon demand, SUBDIVIDER shall, at its own
expense, defend DISTRICT and DISTRICT's officers, officials,
employees and agents, from and against any and all such
liabilities, claims, demands, causes of action, losses, damages and
costs.
7.2 SUBDIVIDER 1 s obligation herein includes, but is not
limited to, alleged defects in the plans, specifications and design
of the improvements; but does not extend to liabilities, claims,
demands, causes of action, losses, damages or costs that arise out
of a defect in the plans, specifications or design that is a result
of a change required by DISTRICT to the SUBDIVIDER's proposed
plans, specifications or design so long as such change is objected
to, in writing, by the SUBDIVIDER, and the writing is filed with
the District Engineer more than ten days prior to the commencement
of work.
7. J SUBDIVIDER's obligation herein includes, but is not
RM/03/COV4-426wp51 11(12/06/93-2) 10elSa 1 JAN 90
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limited to, alleged defects in the construction of the
improvements; a.lleged defects in the materials furnished in the
construction of the improvements; alleged injury to persons or
property; alleged inverse condemnation of property or a consequence
of the design, construction, or maintenance of the work or the
improvements; and any accident, loss or damage to the work or the
improvements prior to the acceptance of same by DISTRICT.
7.4 ,By approving the improvement plans, spe~ifications and
design; by inspecting or approving the improvements; or by
accepting the public improvements, DISTRICT shall not have waived
the protections afforded herein to DISTRICT and DISTRICT's
officers, officials, employees and agents or diminished the
obligation of SUBDIVIDER who shall remain obligated in the same
degree to indemnify and hold DISTRICT and DISTRICT's officers,
officials, employees and agents, harmless as provided above.
7.5 SUBDIVIDER's obligation herein does not extend to
liabilities, claims, demands, causes of action, losses, damages or
costs that arise out of DISTRICT's intentional wrongful acts,
DISTRICT's violations of law, or DISTRICT's sole active negligence.
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8.0 INSlJRANCE
motor vehicle liability, public liability, general liability and
8.1 The SUBDIVIDER shall obtain and maintain a policy of
in an insurable amount of not less than one million dollars
DISTRICT and authorized to do business in the State of California,
property damage insurance from an insurance company approved by
($1,000,000.00) for each occurrence or aggregate. The insurance
policy sh~ll provide that the policy shall remain in force during
the life of this COVENANT and shall not be canceled, terminated, or
allowed to expire without thirty (30) days prior written notice to
DISTRICT from the insurance company.
8.2 DISTRICT shall be named as an additional insured on
SUBDIVIDER's policies.
8.3 SUBDIVIDER shall furnish certificates of said insurance
to DISTRICT prior to commencement of work under this AGREEMENT.
9.0 NOTICES
9.1 Any notices to be given under this COVENANT, or
otherwise, shall be served by certified mail.
9.2 For the purposes hereof, unless otherwise provided in
wri ting by the parties hereto, the address of DISTRICT and the
proper person to receive any such notice on its behalf is:
District Engineer
San Dieguito Water District
505 South Vulcan Avenue
Encinitas, CA 92024
and the address of SUBDIVIDER and the proper person to receive any
such notice on its behalf is:
DANIEL T. SHELLEY
905 OLIVE CREST DRIVE
ENCINITASC CA. 92024
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~o.o SUBDIVIDER'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
SUBDIVIDER certifies that SUBDIVIDER is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8
use SS 1101-1525) and will comply with these requirements,
inclUding but not limited to verifying the eligibility for
employment, of all agents, employees1 subcontractors and consultants
that are included in, satisfy the duties and obligations contained
herein.
11.0 GENERAL PROVISIONS
11. J. Nei ther SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be considered to be agents of DISTRICT in
connection with the performance of SUBDIVIDER's duties and
obligations under this Covenant.
11.2 Sale or other disposition of the PROPERTY will not
relieve SUBDIVIDER from the duties and obligations set forth
herein.
11.3 SUBDIVIDER shall provide the improvements as an
independent contractor and in pursuit of SUBDIVIDER's independent
calling, and not as an employee of DISTRICT. SUBDIVIDER shall not
be under control of the DISTRICT except as to the result to be
accomplished. SUBDIVIDER may confer with DISTRICT as required to
perform this Covenant.
11.4 No verbal agreement or conversation with any officer,
official, agent or employee of DISTRICT, either before, during or
after the execution of this Covenant, shall effect or modify any of
the terms or obligations herein contained.
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SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
MEETING DATE: NOVEMBER 17. 1993
TO:
VIA:
Board of Directors
~istrict Manager ~
Bob Nelson, Public Works Director l'1~
Joseph V. Palmer, Operations Manager a'V
~~~DWD Engineer & Planning Department
victor R. Graves, Engineer & Planning Supervisor
SUBJECT: Authorization to Enter Into an "Agreement to Improve
Development - Water Facilities" with Daniel T. Shelley,
for a 50-Unit Condominium Subdivision on Manchester
Avenue, APN 261-010-10 & 261-200-01.
FROM:
Whether to enter into an Agreement with Daniel T. Shelley
for water improvements required as a condition of this
project.
BACKGROUND: On March 27, 1990, the City of Encinitas Planning
Commission originally approved a 50-unit tentative parcel map on
Manchester Avenue. The owner is in the process of finalizing his
map and is prepared to enter into an agreement with the District.
ISSUE:
ANALYSIS: In order to meet projected water requirements, 1,450
feet of new a-inch PVC water main, along with new services and
appurtenances, are required to be installed to provide domestic and
fire flow needs.
The District's work force is not geared to install projects of this
size without creating hardships on normal operations. For this
reason, the District has requested that the owner enter into an
agreement with the District to provide a properly licensed
contractor to install water improvements under District inspection.
The District has been provided with the required information for
this project. The owner agrees to bear all costs for improvements
and abide by District rules, regulations and specifications.
FISCAL IMPACT: The Agreement requires all services provided by the
District to be paid by the owner.
RECOMMENDATION: Authorize the District Manager to enter into an
"Agreement to Improve Development - Water Facilities" with Daniel
T. Shelley, for a 50-unit condominium sUbdivision on Manchester
Avenue, APN 261-010-10 & 261-200-01.
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
MEETING DATE: NOVEMBER 17. 1993
TO: Board of Directors
VIA: F:Oistrict Manager aJ
Bob Nelson, PUblic Works Director u.:o~.,.~
Joseph v. Palmer, Operations Manager .v
.
FROM: \' ~DWD Engineer & Planning Department
~~Victor R. Graves, Engineer & Planning Supervisor
SUBJECT: Adoption of Resolution 93-17 Approving Grant of Water
Easements from Daniel T. Shelley on Manchester Avenue,
APN 261-010-10 & 261-200-01.
ISSUE:
Whether to accept the grant of water easements from
Daniel T. Shelley.
BACKGROUND: Daniel T. Shelley received approval for a 50-unit
tentative parcel map on Manchester Avenue. In order to comply with
domestic and fire flow requirements, 1450 feet of new a-inch PVC
water main, along with other appurtenances, will need to be
installed.
ANALYSIS: The San Dieguito Water District will be entering into an
"Agreement to improve Development - Water Facilities." In order to
install water lines to meet design criteria, the owner has provided
the District with easements for areas not within the public right
of way (Attachment A).
In addition, there currently is an existing 3D-inch water line that
runs along the easterly side of the subdivision. It was discovered
that the existing easement for the 3D-inch water line did not
accurately reflect the actual pipeline location. The owner has
agreed to provide the necessary easements for both the new proposed
line and the corrected alignment of the existing 3D-inch line
(Parcel UB").
FISCAL IMPACT:
processing fee
Fiscal
required
and staff impacts
for easements.
are recovered by the
RECOMMENDATION:
easements from
appurtenances on
Adopt Resolution No. 93-17 approving grant of
Daniel T. Shelley for water pipelines and
Manchester Avenue, APN 261-010-10 & 261-200-01.
RESOLUTION NO. 93-17
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUITO WATER DISTRICT ACCEPTING GRANT
OF EASEMENTS (Daniel T. Shelley)
WHEREAS, a grant of easements to the District from Daniel T.
Shelley has been presented to the Board, a copy of which is
attached as Exhibit "A"; and
WHEREAS, it is in the interest of the District to accept said
easements;
NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
by the Board of Directors of San Dieguito Water District as
follows:
1. That said grants be and are accepted.
2. That the Secretary of the District be and he is
authorized and directed to record the grants on behalf of
the District.
PASSED AND ADOPTED at an adjourned meeting of the Board of
Directors of San Dieguito Water District held on the 17th day of
November, 1993, by the following vote:
AYES: Directors Wiegand, Bond, Davis & Hano
NOES: NOne
ABSENT: Director DuVivier
ABSTAIN: None
ATTEST'
~~b
Maura Wiegand, pr@sident
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
MEETING DATE: NOVEMBER 17. 1993
TO:
Board of Directors
tt1:J1lf District Manager ~
~ Bob Nelson, Public Works Director ~
Joseph V. Palmer, Operations Manager, ).9 .r
t, sown Engineer & Planning Department
V~Victor R. Graves, Engineer & Planning Supervisor
VIA:
FROM:
SUBJECT: Adoption of Resolution No. 92-18 Approving Quitclaim of
Two Water Easements to Daniel T. Shelley, located on
Manchester Avenue, APN 261-010-10 & 261-200-01.
ISSUE:
Whether to adopt Resolution approving quitclaim of 1925
and 1950 easements to Daniel T. Shelley.
BACKGROUND: The San Diequito Water District currently have two
existing water easements located on APN 261-010-10 & 261-200-01.
The 1925 easement was needed by the District for a redwood water
line which has since been abandoned years ago. The 1950 easement
is for the current 30-inch concrete water line that replaced the
original redwood line.
ANALYSIS: During the plan check process for a proposed 50-unit
condominium project referred to as MacKinnon Ranch, it was
determined that the current easement documents did not accurately
follow the existing 30-inch pipeline alignment.
Daniel T. Shelley has provided the District with a new easement
that accurately reflects the existing 30-inch water alignment.
Since a new easement for the 30-inch water line has been received,
the owner is requesting that the two older easements, which are no
longer needed, be quitClaimed back.
FISCAL IMPACT:
processing fee
Fiscal and staff impacts
required for quitclaims.
are recovered by the
RECOMMENDATION: Authorize adoption of Resolution No. 93-18
approving quitclaim of 1925 and 1950 easements to Daniel T.
Shelley, owner of APN 261-010-10 and 261-200-01.
RESOLUTION NO. 93-18
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUITO WATER DISTRICT APPROVING
AND AUTHORIZING QUITCLAIM OF EASEMENTS TO
DANIEL T. SHELLEY
WHEREAS, a proposed form of a quitclaim of easements has been
presented to the Board, a copy of which is attached as Exhibit "All;
and
WHEREAS, the easements are no longer necessary for District
purposes, and it is in the interest of the District to quitclaim
easements to the underlying property owner;
NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
by the Board of Directors of San oieguito Water District as
follows:
1. That the President and Secretary of the District be and
they are authorized and directed to execute and deliver
said quitclaim to the grantee described therein.
PASSED AND ADOPTED at an adjourned meeting of the Board of
Directors of San Dieguito Water District held on the 17th day of
November, 1993, by the following vote, to wit:
AYES:
Directors Wiegand, Bonds, Davis & Hano
NOES:
None
ABSENT:
Director DuVivier
ABSTAIN:
None
Kaura Wiegand, Pr ident
ATTEST: